KAMLESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure for the quashing of F.I.R. No. 547 dated 3.9.1992 registered with Police Station N.LT. Faridabad under Section 498-A/34 of the Indian Penal Code and all the subsequent proceedings having taken place in pursuance thereto.

(2.) Smt. Madhu daughter of Shri Ram Lal got married on 15.12.1990 to one Satish Kumar son of Shri Han Chand, i.e. brother of the petitioners. Unfortunately, the marriage did not work out and had to fall out. A petition under Section 9 of the Hindu Marriage Act was filed by the husband in which Smt. Madhu made a statement that there is no possibility of cohabiting with her husband. She also stated that she wanted to file a divorce petition. Vide order dated 12.8.1992, the Additional District Judge, Faridabad, dismissed the petition in view of the compromise arrived at between the parties to the marriage. It is recorded in the order that the husband had returned the items of dowry, as mentioned in the list dated 12.8.1992, to the wife. It is also recorded that wife showed her intention of seeking divorce against her husband. It was only on 3.9.1992, an F.I.R. was got registered against the petitioners, their brother and father under Section 498-N34 of the Indian Penal Code at Police Station N.LT. Faridabad.

(3.) The petitioners seek quashing of the F.I.R. on the ground that there is no specific allegation against them and in fact only general allegations have been made. Further, the F.I.R. does not disclose any offence against the petitioners nor there is any material to show that the petitioners at any stage were involved in treating respondent No.2 with cruelty. Respondent No.1 as well as respondent No.2 have filed reply to the petition denying the averments made in the petition.